Details for Patent: 7,169,401

Summary for Patent: 7,169,401

Title:	Topical skin care composition containing refined peanut oil
Abstract:	A vehicle containing refined peanut oil for topical use in skin care and for use in skin care therapeutics, and a process for making the vehicle and a composition and therapeutic composition made from that process.
Inventor(s):	Puglia; Nancy (Sanford, FL), Roth; Jerry (Sanford, FL), Ramirez; Rosario (Sanford, FL)
Assignee:	Hill Dermaceuticals, Inc. (Sanford, FL)
Application Number:	10/892,153
Patent Claim Types: see list of patent claims	Formulation; Use;

Analyzing the Scope and Claims of United States Patent 7,169,401

Introduction

United States Patent 7,169,401, titled "Topical skin care composition containing refined peanut oil," is a patent that protects a specific formulation and method related to skin care products. To understand the full implications and protection offered by this patent, it is crucial to delve into its scope, claims, and the broader patent landscape.

Patent Overview

Patent Number and Title

• The patent number is 7,169,401, and the title is "Topical skin care composition containing refined peanut oil."

Inventors and Assignees

• The inventors and assignees are crucial for understanding the ownership and potential licensing or collaboration opportunities. However, this specific information is not provided here but can be found in the patent details on databases like the USPTO[1].

Issue Date

• The issue date of the patent is important for determining its validity period and any potential maintenance fees. This information can be found in the patent history section of the patent document[5].

Claims Analysis

Understanding Patent Claims

• Patent claims are the most critical part of a patent as they define the scope of protection. Claims can be independent or dependent, with independent claims standing alone and dependent claims referring back to an independent claim[3].

Claim Types

• Independent Claims: These claims define the broadest scope of the invention. For example, Claim 1 of Patent 7,169,401 might describe the general composition of the topical skin care product.

  A topical skin care composition comprising refined peanut oil, a moisturizer, and an emollient.

• Dependent Claims: These claims narrow down the invention further by adding specific limitations to the independent claims. For instance, Claim 2 might specify the concentration of refined peanut oil.

  The composition of claim 1, wherein the refined peanut oil is present in an amount of from about 5% to about 20% by weight.

Claim Scope and Coverage

• The claims should be analyzed to understand what is protected and what is not. This involves categorizing claims by their scope concepts, which can help in filtering, searching, and analyzing large numbers of patent claims concurrently[3].

Scope of Protection

Product and Method Claims

• The scope of protection includes both the product itself (the topical skin care composition) and any methods related to its preparation or use. This ensures that not only the final product but also the process of making it is protected.

Limitations and Exclusions

• Understanding the limitations and exclusions within the claims is vital. For example, if a claim specifies a particular concentration range for an ingredient, formulations outside this range may not be covered.

Patent Landscape Analysis

Competitor Patents

• Analyzing the patent landscape involves identifying similar patents held by competitors. This can be done using tools like the USPTO's Patent Public Search or international databases such as the European Patent Office's esp@cenet or the World Intellectual Property Organization's PATENTSCOPE[1].

Prior Art and Citations

• Reviewing prior art and citations can provide insights into the novelty and non-obviousness of the invention. The Common Citation Document (CCD) application can consolidate prior art cited by multiple offices, making it easier to visualize the global patent landscape[1].

Global Patent Family

International Filings

• To understand the global reach of the patent, it is essential to look at the patent family, which includes all related applications filed at participating IP Offices. The Global Dossier service provides access to file histories and related applications, helping to identify the global scope of protection[1].

Enforcement and Litigation

Complexity of Patent Litigation

• Patent litigation can be complex and costly. Understanding the metrics of complexity, such as the types of cases that are most complex and the factors associated with high complexity, is crucial for enforcing or defending patent rights[4].

False Patent Claims

• Businesses must be cautious about making false claims regarding the patented status of their products to avoid Lanham Act violations. Misrepresenting patent status can lead to actionable misleading advertising claims, as seen in the Federal Circuit ruling in Crocs, Inc. v. Effervescent, Inc.[2].

Maintenance and Updates

Patent Assignment and Ownership

• Keeping track of patent assignments and changes in ownership is important for maintaining the integrity of the patent. The USPTO provides tools like the Patent Assignment Search to facilitate this[1].

Claim Charts and Analytics

• Using tools like ClaimScape® software, companies can generate interactive claim charts to review patent coverage with engineers, scientists, and management. This helps in identifying gaps in current coverage and highlighting future design opportunities[3].

Key Takeaways

• Claims Analysis: Understanding the independent and dependent claims is crucial for defining the scope of protection.
• Scope of Protection: The patent protects both the product and any related methods.
• Patent Landscape: Analyzing competitor patents and prior art is essential for understanding the broader patent landscape.
• Global Reach: Reviewing the patent family through services like Global Dossier helps in understanding the global scope of protection.
• Enforcement and Litigation: Being aware of the complexity of patent litigation and avoiding false patent claims is vital for maintaining and enforcing patent rights.

FAQs

1. What is the primary focus of United States Patent 7,169,401?

   • The primary focus is on a topical skin care composition containing refined peanut oil.

2. How can I analyze the claims of a patent?

   • Analyze the claims by categorizing them into independent and dependent claims, and understand the scope concepts that link similar claims.

3. What tools can I use to search for related patents globally?

   • Tools like the USPTO's Patent Public Search, European Patent Office's esp@cenet, and World Intellectual Property Organization's PATENTSCOPE can be used.

4. Why is it important to avoid false patent claims?

   • Avoiding false patent claims is crucial to prevent Lanham Act violations, which can result from misleading advertising about the patented status of products.

5. How can I track changes in patent ownership?

   • Use the USPTO's Patent Assignment Search tool to track changes in patent ownership.

Sources

1. USPTO - Search for patents
2. Federal Circuit Ruling: False Patent Claims Can Lead to Lanham Act Violations
3. Patent Analytics | Intellectual Property Law
4. Opening Pandora's Box: Analyzing the Complexity of U.S. Patent Litigation
5. US Patent for Topical skin care composition containing refined peanut oil

Drugs Protected by US Patent 7,169,401

Applicant	Tradename	Generic Name	Dosage	NDA	Approval Date	TE	Type	RLD	RS	Patent No.	Patent Expiration	Product	Substance	Delist Req.	Patented / Exclusive Use	Submissiondate

International Family Members for US Patent 7,169,401

Country	Patent Number	Estimated Expiration	Supplementary Protection Certificate	SPC Country	SPC Expiration
Canada	2541373
European Patent Office	1696868
World Intellectual Property Organization (WIPO)	2005009406